Regarding the Jersey Mikes agreement, what is required for any amendment, change, or variance to be binding on either party?
Jersey_Mikes Franchise · 2025 FDDAnswer from 2025 FDD Document
This Agreement (including the Summary of Acknowledgments) constitutes the entire, full, and complete agreement between Franchisor and Developer concerning the subject matter of this Agreement, and supersedes all prior agreements. No amendment, change, or variance from this Agreement shall be binding on either party unless mutually agreed to by the parties and signed by themselves or their authorized officers or agents in writing. With the exception of the Disclosure Document described in Section 23.2, no other representation has induced Developer to execute this Agreement, and there are no representations, inducements, promises, or agreements oral or otherwise, between the parties not embodied in this Agreement, which are of any force or effect with reference to this Agreement or otherwise. Nothing in this Agreement or in a ny related agreement, however, is intended to disclaim the r epresentations Company made in the Disclosure Document that Company furnished to Developer.
Source: Item 22 — CONTRACTS (FDD page 77)
What This Means (2025 FDD)
According to Jersey Mikes's 2025 Franchise Disclosure Document, any amendment, change, or variance to the agreement must be mutually agreed upon by both parties. To be binding, the amendment must be signed by the parties involved or their authorized officers or agents in writing. This requirement ensures that all modifications to the original agreement are documented and agreed upon by both Jersey Mikes and the franchisee, preventing potential disputes arising from unconfirmed or undocumented changes.
This clause emphasizes the importance of written documentation in franchise agreements. Franchisees should ensure that any discussions leading to changes in the agreement are formalized in writing and properly signed. This protects both the franchisee and Jersey Mikes by providing a clear record of the agreed-upon terms. Without this written and signed agreement, any perceived changes or variances may not be legally enforceable.
This requirement is standard practice in franchising, as it provides clarity and legal protection for both parties. Franchisees should be diligent in ensuring that all modifications to their Jersey Mikes agreement adhere to this requirement to avoid future misunderstandings or disputes.